The Seed Potatoes (Wales) Regulations 2016

Interpretation: general

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Plant Varieties and Seeds Act 1964;

“authorised officer” (“swyddog awdurdodedig”) means an officer of the Welsh Ministers or a person authorised by the Welsh Ministers for any purpose in connection with these Regulations;

“basic seed potatoes” (“tatws hadyd sylfaenol”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of certified seed potatoes and which have been certified as basic seed potatoes in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label in accordance with Article 13(1)(a) of the Directive stating that the potatoes were certified as basic seed potatoes and graded at a Union grade;

“category” (“category”) means the category of pre-basic seed potatoes, basic seed potatoes, or certified seed potatoes (or, in relation to seed potatoes produced in Switzerland, the categories having equivalent effect under the legislation of the Swiss Confederation in accordance with the Swiss trade agreement);

“certification” (“ardystio”), and “certified” (“ardystiedig”) is to be construed accordingly, means—

(a)

in relation to seed potatoes produced in Wales, certification in accordance with regulation 10; and

(b)

in relation to seed potatoes produced outside Wales, certification by the Certification Authority in accordance with the Directive;

“Certification Authority” (“Awdurdod Ardystio”) means the authority concerned with the certification of seed potatoes in the country or territory where the seed potatoes were produced;

“certified seed potatoes” (“tatws hadyd ardystiedig”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of potatoes other than seed potatoes and which have been certified (as certified seed potatoes) in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label in accordance with Article 13(1)(a) of the Directive stating that the potatoes were certified as certified seed potatoes and graded at a Union grade;

“Common Catalogue” (“Catalog Cyffredin”) means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Union;

“genetically modified” (“wedi ei addasu’n enetig”) has the same meaning as in the Deliberate Release Directive;

“grade” (“gradd”) includes the Union grade;

“growing crop certificate” (“tystysgrif cnwd sy’n tyfu”) means a growing crop certificate issued by the Welsh Ministers in accordance with Schedule 1;

“lot” (“lot”) means a consignment or an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 17;

“marketing” (“marchnata”) means—

(a)

selling, holding with a view to sale or offering for sale, or

(b)

any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties,

whether or not for consideration, and for these purposes “commercial exploitation” (“defnydd masnachol”) is not to be taken to include the supply of seed potatoes to official testing and inspection bodies, or the supply of seed potatoes to any person for the purpose of processing or packaging them provided that person does not acquire title to the seed potatoes supplied, and “market” (“marchnata”) and “marketed” (“marchnata”) are to be construed accordingly;

“National List” (“Rhestr Genedlaethol”) means a list of varieties of potato species prepared and published—

(a)

in accordance with regulation 3 of the National Lists Regulations; or

(b)

by a member State other than the United Kingdom pursuant to Article 3 of Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(1);

“the National Lists Regulations” (“y Rheoliadau Rhestrau Cenedlaethol”) means the Seeds (National Lists of Varieties) Regulations 2001(2);

[F1 “the Official Controls (Plant Health) Regulations” (“y Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion)”) means the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;]

“official document” (“dogfen swyddogol”) means—

(a)

for seed potatoes produced in Wales, a document issued or approved by the Welsh Ministers which meets the requirements of Part 2 of Schedule 2;

(b)

for seed potatoes produced outside Wales, a document issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced which meets the requirements of Article 13(1)(b) of the Directive;

“official examination” (“archwiliad swyddogol”) means an examination or inspection conducted by an authorised officer, including one conducted by way of sample;

“official label” (“label swyddogol”) means—

(a)

for seed potatoes produced in Wales, a label issued or approved by the Welsh Ministers, which has not been previously used and which meets the requirements of Part 1 of Schedule 2;

(b)

for seed potatoes produced outside Wales, a label issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced, which meets, as appropriate to the seed potatoes to which the label relates, the requirements of Article 13(1)(a) or 18(f) of the Directive or Article 9 of the Decision;

“package or container” (“pecyn neu gynhwysydd”) means—

(a)

any package which has not been previously used for any purpose and is capable of being closed and sealed; or

(b)

any container which has not been previously used for any purpose or which, since having been previously used, has been cleaned and disinfected, provided that the use of any container in respect of seed potatoes produced in Wales is subject to the approval of the Welsh Ministers;

“potato” (“taten”) means any tuber or part of a tuber or any plant or part of a plant of Solanum tuberosum L or other tuber-forming species or hybrids of Solanum;

“pre-basic seed potatoes” (“tatws hadyd cyn-sylfaenol”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes intended mainly for the production of basic seed potatoes and which have been certified as pre-basic seed potatoes in accordance with regulation 10;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container bearing an official label in accordance with Article 18(f) of the Directive stating that the potatoes were certified as pre-basic seed potatoes and graded at a Union grade;

“seed potatoes” (“tatws hadyd”) means—

(a)

potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation; or

(b)

any potatoes that are intended to be used for planting and propagation;

“seed potatoes of a conservation variety” (“tatws hadyd o amrywogaeth gadwraeth”) means any variety of seed potatoes accepted by any member State into its national catalogue of varieties of agricultural plant species in accordance with Article 3 of Directive 2008/62/EC;

“seed potatoes produced outside Wales” (“tatws hadyd a gynhyrchir y tu allan i Gymru”) means—

(a)

seed potatoes produced in any part of the British Islands other than Wales;

(b)

seed potatoes produced in any member State other than the United Kingdom; or

(c)

seed potatoes produced in Switzerland;

“test and trial seed potatoes” (“tatws hadyd sydd i’w profi a’u treialu”) means—

(a)

in relation to seed potatoes produced in Wales, seed potatoes which have been authorised by the Welsh Ministers in accordance with regulation 9;

(b)

in relation to seed potatoes produced outside Wales, seed potatoes brought into Wales in a package or container which bears an official label in accordance with Article 9 of the Decision.

“Union grade” (“gradd gymwys yr Undeb”) means—

(a)

in relation to seed potatoes produced in Wales, the Union grade determined in accordance with Schedule 4 during certification, this being—

(i)

in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB;

(ii)

in the case of basic seed potatoes, Union grade S, Union grade SE or Union grade E;

(iii)

in the case of certified seed potatoes, Union grade A or Union grade B;

(b)

in relation to seed potatoes produced outside Wales—

(i)

in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Directive 2014/21/EU;

(ii)

in the case of basic seed potatoes, Union grade S, Union grade SE or Union grade E, the minimum conditions for which are set out in Article 1 of, and Annex I to, Directive 2014/20/EU; or

(iii)

in the case of certified seed potatoes, Union grade A or Union grade B, the minimum conditions for which are set out in Article 2 of, and Annex II to, Directive 2014/20/EU;

(2) In relation to seed potatoes produced in Switzerland, any reference in these Regulations to the Directive or the Decision or any provision of the Directive or the Decision is to be construed as a reference to the legislation of the Swiss Confederation having equivalent effect in accordance with the Swiss trade agreement.

(3) Any reference in these Regulations to a tolerance in relation to seed potatoes comprised in a sample is to be construed—

(a) in relation to a tolerance for any disease or pest, damage and defect specified in Schedule 3, as a reference to the proportion of the weight of seed potatoes in the sample affected by the disease or pest, damage and defect, or any combination of such disease or pest, damage and defect, in relation to the total weight of the sample, expressed as a percentage;

(b) in relation to a tolerance for dirt or other extraneous matter specified in Schedule 3, as a reference to the proportion of the weight of such matter in relation to the total weight of the sample, expressed as a percentage;

(c) in relation to a tolerance for a deviation or disease specified in the tables in Schedule 4, as a reference to the number of plants of seed potatoes affected by the deviation or disease in relation to the total number of plants in the sample, expressed as a percentage.

(4) In this regulation, “Swiss trade agreement” (“cytundeb masnach y Swistir”) means the Agreement between the European Community and the Swiss Confederation on trade in agricultural products approved by Council and Commission Decision 2002/309/EC and amended by Commission Decision 2010/724/EU(3).

Textual Amendments

F1 Words in reg. 2(1) inserted (27.3.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 4(2)

(1)

OJ No L 193, 20.7.2002, p. 1, as last amended by Regulation (EC) No 1829/2003 (OJ No L 268, 18.10.2003, p. 1).

(2)

S.I. 2001/3510; relevant amending instruments are S.I. 2004/2949, 2009/1273, 2010/1195 and 2011/464.

(3)

OJ No L 114, 30.4.2002, p. 1, as amended by Commission Decision 2010/724/EU (OJ No L 312, 27.11.2010, p. 31). This Agreement, together with six other Agreements with the Swiss Confederation, was approved by the Council and the Commission by way of Council and Commission Decision 2002/309/EC, Euratom (OJ No L 114, 30.4.2002, p. 1).